In a family custody case, you may have a mediator, lawyer, evaluator and judge involved in your case. A family law attorney Oceanside is hired by and represents only one party, a mediator is hired by and tries to work with both parties, a judge makes crucial decisions in the case based on the evidence and an evaluator is brought in by the judge or either or both of the parents if a parenting plan can not be worked out between the two parties.
When you hire legal representation, it is important to listen to your family law attorney Oceanside, especially in the instances where an evaluator may be brought in. The choice to bring in an evaluator can be made by one or both of the parents or a judge may make the decision to bring one in. In most cases the fees are paid for by the parents but in some instances the state may pay. The evaluator is not paid to represent anyone, but present facts on the child’s best interests for the child’s legal custody, physical custody, parenting plans and visitation, supervised visitation, safety issues, child custody modification, and counseling suggestions for the parents if deemed necessary.
After the evaluation has taken place, it will be presented to the court in one of two ways. The report will either be in a verbal or written form. If the court has ordered a confidential written report it will include recommendations about custody and visitation. You will have access to this report 10 days prior to a court hearing to discuss the opinions, facts and options with your family law attorney in Oceanside. The report is a confidential piece of evidence in your court file.
If there is a discrepancy with the evaluation, there are a number of options to proceed with. Your attorney will be able to discuss the results with the evaluator and the evaluators supervisor. An application of complaint may be submitted to the evaluators office and then to the court showing the discrepancies in the report with factual details. Consult with your attorney and let a hired professional represent you in all matters of discrepancy.
